ICDVP Legal Advocacy 2 — Questions and Answers
Question 1: Under the Illinois Domestic Violence Act (IDVA), which of the following is considered a 'family or household member' who can seek an Order of Protection?
- Only legally married spouses
- Persons who share or formerly shared a common dwelling (Correct answer)
- Only individuals related by blood
- Coworkers who have experienced workplace harassment
Correct answer: Persons who share or formerly shared a common dwelling
The IDVA broadly defines family or household members to include persons who share or formerly shared a common dwelling, among other categories.
Question 2: What is the standard of proof required for a victim to obtain an Emergency Order of Protection (EOP) in Illinois?
- Beyond a reasonable doubt
- Clear and convincing evidence
- Preponderance of the evidence (Correct answer)
- Probable cause
Correct answer: Preponderance of the evidence
An Emergency Order of Protection in Illinois is granted based on a preponderance of the evidence, meaning it is more likely than not that abuse occurred.
Question 3: An advocate learns a client has an active Order of Protection but the abuser has started calling her at work. What should the advocate advise as the FIRST step?
- File a new petition for an Order of Protection
- Document each violation and contact law enforcement to report the violation (Correct answer)
- Encourage the client to block the abuser's number and take no further action
- Seek a civil lawsuit for harassment
Correct answer: Document each violation and contact law enforcement to report the violation
Violations of an Order of Protection are a criminal offense in Illinois; the first step is to document each violation and report it to law enforcement.
Question 4: Which Illinois law specifically addresses stalking and cyberstalking as criminal offenses separate from domestic violence statutes?
- Illinois Human Rights Act
- Illinois Stalking No Contact Order Act (Correct answer)
- Illinois Sex Offender Registration Act
- Illinois Elder Abuse and Neglect Act
Correct answer: Illinois Stalking No Contact Order Act
The Illinois Stalking No Contact Order Act provides civil remedies for stalking victims, complementing criminal stalking statutes.
Question 5: A client discloses she was never legally married to her abuser but they have children together. Is she eligible for a Plenary Order of Protection under the IDVA?
- No, only married couples qualify for Plenary Orders
- Yes, because they share children and meet the family or household member definition (Correct answer)
- Yes, but only if they currently live together
- No, she must use a Stalking No Contact Order instead
Correct answer: Yes, because they share children and meet the family or household member definition
Persons who have or allegedly have a child in common are included in the IDVA's definition of family or household members, making her eligible.
Question 6: What is the maximum duration of a Plenary Order of Protection issued in Illinois civil court?
- 6 months
- 1 year
- 2 years
- Up to 2 years, with the possibility of renewal (Correct answer)
Correct answer: Up to 2 years, with the possibility of renewal
A Plenary Order of Protection in Illinois may be issued for up to 2 years and can be renewed upon petition.
Question 7: When accompanying a victim to court, which action is OUTSIDE the appropriate legal advocate role?
- Explaining court procedures in plain language before the hearing
- Sitting with the client in the courtroom for emotional support
- Coaching the client on exactly what testimony to give (Correct answer)
- Helping the client organize documents she plans to present
Correct answer: Coaching the client on exactly what testimony to give
Coaching testimony crosses into unauthorized practice of law and may compromise the client's credibility; advocates explain procedures but do not script testimony.
ICDVP Legal Advocacy 2
Under the Illinois Domestic Violence Act (IDVA), which of the following is considered a 'family or household member' who can seek an Order of Protection?